# In the matter of Sundaram Mahadeo Autoworld Pvt. Ltd. C.P. (IB)No.22-GB-2022

> NCLT judgment dated 2022-09-01. Citation: TCN-2022-NCLT-01192. The case involves a hearing before the National Company Law Tribunal (NCLT), Guwahati Bench,…

- **Court:** NCLT
- **Order date:** 1 Sept 2022
- **Citation:** TCN-2022-NCLT-01192
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sundaram-mahadeo-autoworld-pvt-ltd-cp-ibno22-gb-2022-ac5ff839

## Summary

### Background

The case involves a hearing before the National Company Law Tribunal (NCLT), Guwahati Bench, regarding C.P. (IB)No.22/GB/2022. The matter was taken up for hearing through video conferencing. The petitioner sought to withdraw the petition and file a fresh one due to certain required documents not being filed with the original application.

## Facts

The case pertains to C.P. (IB)No.22/GB/2022 before the NCLT Guwahati Bench. The petitioner, represented by Mr. A.K. Rai, sought to withdraw the petition due to the absence of certain required documents. The respondents, including State Bank of India, were represented by their respective counsels. The court heard the matter through video conferencing. The key fact is the petitioner's request for withdrawal to rectify deficiencies in the original application, which the court ultimately granted.

## Issues and analysis

### Issue 1: Whether the petitioner should be allowed to …

**Ratio:** The legal principle applied here is the court's discretion to allow the withdrawal of a

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**Reasoning:** The court reasoned that allowing the withdrawal would enable the petitioner to address

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**Interpretation:** This involves interpreting the procedural rules governing the withdrawal of

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** A.K.…
- **Respondents:** M/s. Sundaram…; State Bank of…

## Timeline

- **2022-09-01 — Hearing…**: Hearing of the Guwahati Bench of…
- **2022-09-01 — Order Da…**: Order issued dismissing C.P.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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